Edgartown town counsel Ron Rappaport advised selectmen at their Monday meeting that they should take several specific steps to avoid creating a conflict of interest in naming Jack Collins as interim police chief.
Mr. Collins is the town’s labor counsel, and selectmen have called on him to guide the process of selecting a replacement for Chief Tony Bettencourt, who is retiring May 2. Chief Bettencourt suggested Mr. Collins could better lead the search for the next chief from inside the department, and selectmen agreed.
At their Jan. 21 meeting, selectmen appointed Mr. Collins interim chief, effective when Chief Bettencourt leaves the department in mid-March. Chief Bettencourt will leave the department before May 2 by taking accrued vacation time. That date has not yet been determined.
Mr. Rappaport advised selectmen to declare the position of town labor counsel a special municipal employee position.
Once his appointment as interim chief is effective, Mr. Collins would hold two town positions.
Mr. Rappaport advised selectmen that Mr. Collins could then file disclosure notices declaring that he holds two positions, and that he has a financial interest in both positions. Selectmen could then move forward with the appointment of Mr. Collins as interim chief, if they are satisfied there is no conflict of interest in the two jobs.
“Jack’s position as interim police chief is very short-term,” chairman Art Smadbeck said. “It’s designed to help facilitate the choice of a permanent chief. That police chief will come through a process that will bring other people in for review. That’s an open process.”
Selectmen took no action on Mr. Rappaport’s recommendations, which he said he had reviewed with an attorney for the State Ethics Commission. They expect to act on the recommendations at a future meeting.
The issue was raised by Peter Look, a longtime Edgartown resident who often questions the actions of town officials, in a seven-page letter to the board. He also questioned the action of selectman Margaret Serpa, who made a motion to continue the selectmen’s Jan. 20 meeting to the next morning in order to consider the appointment of Mr. Collins.
Ms. Serpa recuses herself from most police department personnel discussion or votes because Mr. Bettencourt is her nephew.
Mr. Rappaport said there is no conflict in Ms. Serpa making the motion. He said there is no conflict in her acting on police department matters in her capacity as a selectman, and she is not required to recuse herself, but she does so voluntarily.